[HISTORY: Adopted by the City Council of the City of El Paso 10-15-2018 by Ord. No. 1012[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 310 but was
renumbered in order to maintain the alphabetical organization of the
Code.
The purpose of this chapter is to facilitate the construction,
installation, and operation of solar energy systems in the City in
a manner that promotes economic development and ensures the protection
of health, safety, and welfare while also avoiding adverse impacts
on adjoining property or on the environment. It is the intent of this
chapter to encourage the development of solar energy systems that
reduce reliance on foreign and out-of-state energy resources, bolster
local economic development and job creation. This chapter is not intended
to abridge safety, health or environmental requirements contained
in other applicable codes, standards, or ordinances.
As applied to a building, structure, or use, one which is
on the same lot with, incidental to and subordinate to the main or
principal structure or use and which is used for purposes customarily
incidental to the main or principal structure, or the main or principal
use.
A person who has completed all requirements to be certified
by the State of Illinois and the Illinois Commerce Commission in order
to install renewable energy appliances and equipment.
A solar energy system that is directly installed into the
ground and is not attached or affixed to an existing structure.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
The components and subsystems required to convert solar energy
into electric or thermal energy suitable for use. The area of the
system includes all the land inside the perimeter of the system, which
extends to any fencing.
PERSONAL SOLAR ENERGY SYSTEM (PSES)Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating electricity for use on-site. However, the energy output may be delivered to a power grid to offset the cost of energy on-site.
COMMUNITY GARDEN ENERGY SYSTEM (CGES)A community solar-electric (photovoltaic) array, of no more than 15 acres in size, that provides retail electric power (or financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system.
SOLAR FARM ENERGY SYSTEM (SFES)A commercial facility that converts-sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity in excess of 15 acres.
A device for the direct conversion of solar energy into electricity
or heat.
A solar energy system in which solar panels are mounted on
a structure.
A.
Purpose and intent. The purpose of these regulations is to provide
a uniform and comprehensive set of standards for the installation
and use of PSESs designed for on-site home, farm, and small commercial
use that are used primarily to reduce on-site consumption of utility
power. The intent of these regulations is to protect the public health,
safety, and community welfare without unduly restricting the development
of PSESs.
B.
Permitted use. Personal solar energy systems shall be considered
an accessory use to a principal permitted use in any zoning district.
C.
Special requirements. Personal solar energy systems shall be subject
to the requirements included in the City Zoning Code[1] unless otherwise stated herein:
(1)
Generally:
(a)
All applicable laws, statutes, regulations and ordinances shall
be followed.
(b)
Use. The PSES shall provide electricity or heat for on-site
use by the owner. This does not prohibit an owner from making excess
power available for net metering.
(c)
Approved solar components. Electric solar energy system components
must have an Underwriters Laboratory (UL) listing or approved equivalent.
(d)
Reflection angles. Reflection angles for solar collectors shall
be oriented such that they do not project glare onto adjacent properties.
(e)
Visibility. Solar energy systems shall be located in a manner
to reasonably minimize view blockage for surrounding properties and
shading of property to the north while still providing adequate solar
access for collectors. They shall be designed to blend into the architecture
of the building or be screened from routine view from public rights-of-way,
provided that the screening shall not affect the operation of the
system.
(f)
Utility notification. All grid-integrated solar energy systems
shall comply with the interconnection requirements of the electric
utility. Off-grid systems are exempt from this requirement.
(2)
Ground-mounted PSES. Ground-mounted PSESs shall be subject to the
following requirements:
(a)
Height. Shall not be greater than 10 feet at maximum tilt of
the solar panel(s) in any zoning district.
(b)
Lot size. The lot on which the SES is to be installed must be
no smaller than one acre.
(c)
Setbacks. The PSES shall maintain perimeter setbacks of no less
than 30 feet. No PSES shall be permitted to be located in the required
front yard.
(d)
Coverage. Ground-mount systems shall not exceed half the building
footprint of the principal structure and shall be exempt from impervious
surface calculations if the soil under the collector is not compacted
and maintained in vegetation. Foundations, gravel, or compacted soils
are considered impervious.
(e)
Variance. If any of these specifications cannot be met, a variance
must be applied for and obtained prior to installation.
(3)
Roof-mounted PSES. Roof-mounted PSESs shall be subject to the following
requirements:
(a)
Height.
[1]
Shall not project more than 12 inches above the roof; and
[2]
Shall not be greater than the allowable height of any structure
within the zoning district in which the PSES is to be installed, except
that if an existing roof is within 12 inches of the maximum allowable
height, then the PSES may project no more than 12 inches above the
roof, even if it exceeds the maximum allowable height.
(b)
Safety. Roof-mount solar energy systems, excluding building
integrated systems, shall allow for adequate roof access for firefighting
purposes to the south-facing or flat roof upon which the panels are
mounted.
(c)
Roof coverage. Roof-mount solar energy systems shall not occupy
more than 80% of the aggregate square footage of the roof area. The
roof shall be considered a part of a building completely covering
and permanently attached to such building and can be flat or pitched.
(d)
Variance. If any of these specifications cannot be met, a variance
must be applied for and obtained prior to installation.
A.
Purpose and intent. The purpose of these regulations is to provide
a uniform and comprehensive set of standards for the installation
and use of CGESs designed for multiple households or businesses to
reduce the on-site consumption of utility power. The intent of these
regulations is to protect the public health, safety, and community
welfare without unduly restricting development of CGESs.
B.
Special use. Community garden energy systems shall require a special
use permit within all zoning districts and shall be subject to the
procedures and standards included in special uses unless otherwise
stated in this chapter.
C.
Special requirements. Community solar energy systems shall be subject
to the requirements included in the City Zoning Code[1] unless otherwise stated herein:
(1)
Community solar gardens may be located on rooftops. Roof-mounted CGESs shall be subject to the same requirements as roof-mounted PSESs described in § 244-3.
(2)
Ground-mount gardens. Ground-mount community solar energy systems
must be less than 15 acres in total size, and require a special use
permit in all districts. Ground-mount solar developments covering
more than 15 acres shall be considered a solar farm.
(3)
An interconnection agreement must be completed with the electric
utility in whose service territory the system is located.
(4)
Dimensional standards. All solar-garden-related structures in newly
platted and existing subdivisions shall comply with the principal
structure setback, height, and coverage limitations for the district
in which the system is located.
(5)
Ground-mount systems shall comply with all required standards for
structures in the zoning district in which the system is located.
A.
Purpose and intent. The purpose of these regulations is to provide
a uniform and comprehensive set of standards for the installation
and use of SFESs designed for commercial energy production. The intent
of these regulations is to protect the public health, safety, and
community welfare while allowing development of solar energy resources
for commercial purposes.
B.
Special use. Solar farm energy systems shall require a special use
permit within Commercial, Limited Industrial, Industrial, and Agricultural
Districts and shall be subject to the procedures and standards included
in special uses unless otherwise stated in this chapter.
C.
Special requirements. SFESs are subject to the following requirements:
(1)
Height. Shall not exceed 20 feet at maximum tilt of the solar panel(s).
(2)
Property size. The property on which the SES is to be installed shall
be in excess of 15 acres.
(3)
Setbacks. The front, side and rear yard setbacks shall be a minimum
of 50 feet from the property lines which form the outside perimeter
of an SFES project area, and solar panels will be kept at least 500
feet from the property line of a residential parcel that is not part
of the parcel on which the facility is located.
(4)
Fencing. A fence of at least six feet in height but no greater than
eight feet shall enclose the SFES.
(5)
Lighting. If lighting is provided at the project, lighting shall
be shielded and downcast such that the light does not spill onto the
adjacent parcel.
(6)
Installation and design. The SFES shall be designed and located in
order to prevent glare toward any inhabited buildings on adjacent
properties as well as adjacent highways.
(7)
Outdoor storage. Only the outdoor storage of materials, vehicles,
and equipment that directly support the operation and maintenance
of the solar farm shall be allowed.
(8)
Proof an Agriculture Impact Mitigation Agreement (AIMA) has been
executed with the Illinois Department of Agriculture, or a similar
agreement has been executed with the City.
(9)
In all undeveloped areas, the SFES project owner/operator will be
required to complete a consultation with the Illinois Department of
Natural Resources (IDNR) through the Department's online EcoCat
program. The cost of this consultation shall the at the owner/operator's
expense. The final certificate from the EcoCat shall be provided to
the City of El Paso before a permit will be issued.
D.
Certification.
(1)
SFESs shall conform to applicable industry standards, including those
from the UL and Federal Aviation Administration (FAA).
(2)
All applicable City, state, and national construction and electric
codes and regulations shall be followed.
(3)
Stormwater and NPDES. Solar farms are subject to the City's
stormwater management, erosion, and sediment control provisions and
NPDES permit requirements.
E.
Safety. All SFESs shall provide the following at all locked entrances:
(1)
A visible "High Voltage" warning sign;
(2)
Name(s) and phone number(s) for the electric utility provider;
(3)
Name(s) and phone number(s) for the site operator;
(4)
The facility's 911 address, GPS coordinates;
(5)
A Knox-Box® with keys; and
(6)
The company shall become a member of the Illinois State- Wide One-Call
Notice system (otherwise known as the "Joint Utility Locating Information
for Excavators" or (JULIE) and provide JULIE with all of the information
necessary to update its records as soon as JULIE allows such membership
and provide the City with proof of membership.
F.
Petition. The petition for a special use permit for a solar farm
energy system shall include:
(1)
A written summary of the project, including a general description
of the project, including its approximate generating capacity.
(2)
The name(s), address(s), and phone number(s) of the owner and/or
SFES operator.
G.
Decommissioning plan. Prior to applying for a building permit, the
SFES project owner/operator shall submit a decommissioning plan to
the City of El Paso Director of Public Works. The Director of Public
Works shall review the plan for completeness and refer it to the El
Paso Zoning Board, or any successor committee(s) designated to oversee
zoning issues. The plan shall include:
(1)
A description of the plan to remove the SFES equipment and restore
the land to its previous use upon the end of the project's life;
(2)
Provisions for the removal of structures, debris, and associated
equipment on the surface and to a level of not less than five feet
below the surface, and the sequence in which removal is expected to
occur;
(3)
Provisions for the restoration of the soil and vegetation;
(4)
An estimate of the decommissioning costs certified by an independent
professional engineer, approved by the City, in current dollars. The
engineer providing this estimate shall be engaged under contract by
the City of El Paso, and all costs associated with this engagement
shall be borne by the applicant;
(5)
No consideration of the scrap value shall be included in the decommissioning
costs;
(6)
A written financial plan approved to ensure that funds will be available
for decommissioning and land restoration;
(7)
A provision that the terms of the decommissioning plan shall be binding
upon the owner or operator and any of their successors, assigns, or
heirs;
(8)
Upon review of the decommissioning plan, the El Paso City Council
shall set an amount to be held in surety bond in the amount of 110%
of the estimated cost. The plan shall state that the City of El Paso
shall have access to the project and to the funds to effect or complete
decommissioning one year after cessation of operations.
H.
Reimbursement for City expenses. If during the term of the special
use and decommissioning period for the project, the City, in its reasonable
discretion retains outside engineers, consultants, contractors, attorneys
or other parties, in order for the City to enforce, determine compliance
or obtain compliance with applicable laws, ordinances, regulations,
and these conditions, the SFES project owner/operator shall promptly
reimburse the City for all such expenses.
I.
Litigation. Any legal action shall be brought only in the Circuit
Court of the State of Illinois in Woodford County, and the owner/operator
further accepts for itself, himself or herself and in respect of its,
his or her property, generally and unconditionally, the exclusive
jurisdiction of that court with respect to any such legal action and
irrevocably waives any objection, including, without limitation, any
objection to the laying of venue or based on the grounds of forum
non conveniens, which it, he or she may now or hereafter have to the
bringing of any such legal action in that jurisdiction and venue.
J.
Road agreements. The SFES project owner/operator shall comply with
all the provisions of the road usage agreement entered into between
the SFES project owner/operator and the City of El Paso. The SFES
project owner/operator shall also comply with any road usage agreement
entered into between the SFES project owner/operator and any other
governmental entity. Any material breach of any such road usage agreements
by the SFES project owner/operator shall constitute a material breach
of these conditions.
K.
Maintenance. The SFES project owner/operator shall operate the project
in a safe, well-maintained, attractive, and continuous manner, making
all necessary repairs in a timely fashion, including, without limitation,
the vegetation on the entire project site.
L.
Signage. In addition to the required safety signs, one sign, not
to exceed 32 square feet, identifying the SFES project owner/operator
may be erected on the perimeter fence.
M.
Building permit. Before a building permit is issued, the following
shall be submitted to the City of El Paso Director of Public Works
for review:
(1)
A site plan with existing conditions showing the following:
(a)
Existing property lines and property lines extending 100 feet
from the exterior boundaries, including the names of adjacent property
owners and the current use of those properties.
(b)
The front, side and rear yard setbacks shall be a minimum of
50 feet from the property lines which form the outside perimeter of
an SFES project area, and solar panels will be kept at least 500 feet
from the property line of a residential parcel that is not part of
the parcel on which the facility is located.
(c)
All routes that will be used for construction and maintenance
purposes shall be identified on the site plan. All routes for either
egress or ingress shall be shown.
(d)
Location and size of any abandoned wells, sewage treatment systems.
(e)
Existing buildings and impervious surfaces.
(f)
A contour map showing topography at two-foot intervals. A contour
map of surrounding properties may also be required.
(g)
Existing vegetation (list type and percent of coverage; i.e.,
cropland/plowed fields, grassland, wooded areas, etc.).
(h)
Any delineated wetland boundaries.
(i)
A copy of the current FEMA FIRM maps that show the subject property,
including the 100-year flood elevation and any regulated flood protection
elevation, if available.
(j)
Surface water drainage patterns.
(k)
The location of any subsurface drainage tiles.
(l)
Location and spacing of the solar collector.
(m)
Location of underground and overhead electric lines connecting
the solar farm to a building, substation or other electric load.
(n)
New electrical equipment other than at the existing building
or substations that is to be the connection point for the solar farm.
(2)
A site plan with proposed conditions showing the following:
(a)
Location, height, and spacing of the solar panels.
(b)
Location of access roads.
(c)
Location of underground or overhead electric lines connecting
the solar farm to a building, substation, or other electric load.
(d)
New electrical equipment other than at the existing building
or substation that is to be the connection point for the solar farm.
(e)
Compliance with all of the requirements herein for SFES.
(3)
Emergency plan. The site emergency plan shall be submitted to the
local fire protection district(s) and/or department(s) whose jurisdiction
is included in whole or in part within the SFES project area. Specialized
training shall be provided at the operator's expense for all
City, county, fire protection district, and other applicable jurisdictions'
first responders biennially. All required studies, reports, certifications,
and approvals demonstrating compliance with the provisions of this
chapter shall be submitted to the City.
(4)
The decommissioning plan required herein.
(5)
The surety bond approved by the City Council.
A.
The applicant, owner, and/or operator of the SFES project shall defend,
indemnify, and hold harmless the City of El Paso and its officials
from and against any and all claims, demands, losses, suits, causes
of action, damages, injuries, costs, expenses, and liabilities whatsoever,
including attorney's fees, without limitation, arising out of
acts or omissions of the applicant, owner, and/or operator associated
with the construction and/or operation of the SFES project.
B.
The applicant, owner, and/or operator of the SFES project shall maintain
a current general liability policy covering bodily injury and property
damage with limits of at least $2,000,000 per occurrence and $2,000,000
in the aggregate. Evidence of liability coverage must be reported
to the City of El Paso on an annual basis, and any loss of coverage
must be reported within three working days of loss. Failure to maintain
coverage shall be considered a cessation of operations.
If any SFES provided for in this chapter has not been in operation
and producing electricity for at least 180 consecutive days, it shall
be removed. The City of El Paso Director of Public Works shall notify
the owner to remove the system. Within 30 days, the owner shall either
submit evidence showing that the system has been operating and producing
electricity or remove it. If the owner fails to or refuses to remove
the solar energy system, the City may pursue all applicable remedies,
including, without limitation, those described in § 244-54
and exercising its rights in the decommissioning plan, including using
the surety bond proceeds.
A.
A failure to obtain applicable building permit(s) for the construction
of a solar energy system or failure to comply with the requirements
of a building permit or the provisions of this chapter shall be deemed
a violation of this chapter. The City may bring an action to enforce
compliance with the requirements of this chapter by filing an action
in the Circuit Court for an injunction requiring conformance with
this chapter or seek such other order as the court deems necessary
to secure compliance with this chapter.
B.
In addition, any person who violates this chapter shall be fined
not less than $25 or more than $500. A separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
C.
Nothing herein shall prevent the City from seeking such other legal
remedies available to prevent or remedy any violations of this chapter.
All solar energy systems shall require a permit from the City
Director of Public Works and shall comply with any other applicable
provisions of the City Code, state law, or federal law. In addition
to all required documents, a $25 permit fee shall be paid to the City
at the time of issuance. If additional inspections or costs are necessary,
there will be a fee assessed to reimburse the City.
Any system existing at the time of the adoption of this chapter
that does not conform to the requirements of this chapter shall be
considered a nonconforming structure, and shall be subject to the
regulations pertaining to nonconforming structures in the City Zoning
Code.[1]
The City Director of Public Works shall enforce the provisions of this chapter through inspections on such schedule as he/she deems appropriate. The City Director of Public Works has the authority to enter upon the premises where a solar energy system is located at any time by coordinating a reasonable time with the operator/owner of the facility. Any person, firm or cooperation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this chapter shall be subject to the penalties provisions in § 244-8 of this chapter.
